BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 2682 Hearing Date: 6/14/2016
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|Author: |Chang |
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|Version: |5/18/2016 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Erin Riches |
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SUBJECT: Autonomous vehicles
DIGEST: This bill requires the state Department of Motor
Vehicles (DMV) to hold public hearings on the National Highway
Traffic Safety Administration's (NHTSA) model policy on
autonomous vehicles (AVs) and to consider conforming DMV
regulations and policies to NHTSA policy.
ANALYSIS:
Existing state law (SB 1298, Padilla, Chapter 570, Statutes of
2012):
1)Allows an AV to be operated on public roads for testing
purposes by a driver who holds the appropriate license and who
is an employee, contractor, or other individual designated by
the AV manufacturer. The driver must be seated in the
driver's seat and must be capable of taking over the AV in the
event of an autonomous technology failure or other emergency.
2)Prohibits an AV from being operated on public roads until the
manufacturer's application is approved by the DMV. Requires
the application to include certain certifications, such as a
mechanism to engage and disengage the technology that is
easily accessible to the operator.
3)Requires the DMV, by January 1, 2015, to adopt regulations
setting forth requirements for proof of insurance and approval
AB 2682 (Chang) Page 2 of ?
of an application to operate an AV. Requires the regulations
to include any testing, equipment, and performance standards
DMV deems necessary to ensure the safe operation of AVs on
public roads, with or without the presence of a driver.
4)Requires the DMV to hold public hearings on the adoption of
any regulations applicable to the operation of an AV without
the presence of a driver inside the vehicle.
5)Provides that federal regulations promulgated by NHTSA shall
supersede state regulations when found to be in conflict.
Pursuant to SB 1298, DMV conducted two public workshops in 2013
related to developing regulations for AV testing. The draft
regulations were released in November 2013 for public comment,
and DMV held a public hearing in January 2014. The final
testing regulations went into effect on September 16, 2014. As
of March 2016, DMV has issued AV Testing Permits to 13
manufacturers.
Also pursuant to SB 1298, DMV is developing regulations for
post-testing deployment of AVs, e.g., the use of AVs by the
public. In December 2015, DMV released the draft deployment
regulations for public review. Two public workshops were held
earlier this year to discuss the draft regulations. Key aspects
of the draft regulations include requirements relating to
manufacturer certification and third-party testing; a licensed
driver present in the vehicle; a three-year deployment permit;
and privacy and cyber security.
Existing federal law requires NHTSA to issue Federal Motor
Vehicle Safety Standards (FMVSS) and regulations to which
manufacturers of motor vehicles must conform and certify
compliance. The FMVSS are regulations written in terms of
minimum safety performance requirements for motor vehicles to
help protect the public against unreasonable crash risk, injury,
and death due to the design, construction, or performance of the
vehicle. The FMVSS do not explicitly address AV technology and
often assume the presence of a human driver.
In May 2013, NHTSA issued a preliminary policy statement on AVs.
The policy encouraged states to regulate AV use in the testing
phase, as well as administrative aspects of public deployment
such as driver licensing and training. NHTSA did not at that
time recommend that states permit public deployment of
AB 2682 (Chang) Page 3 of ?
technology; instead, NHTSA would conduct further research on
various aspects of AV safety, design, and data security.
In January 2016, U.S. Department of Transportation (DOT)
Secretary Anthony Foxx unveiled a new, updated AV policy, along
with a commitment of nearly $4 billion over the next 10 years to
accelerate the development and adoption of safe vehicle
automation. Secretary Foxx announced that NHTSA will work with
states to develop a model policy to help policymakers address
issues in both the testing and operational deployment of AVs
that offers a nationally consistent approach.
This bill requires the DMV to hold public hearings on NHTSA's
model policy, once it is developed, and to consider conforming
DMV regulations and policies to the model policy.
COMMENTS:
1)Purpose. The author states that if NHSTA publishes a model
policy on AVs, California is not required to adopt it.
California may be competing with other states for federal
funds related to AVs and should ensure it is well-positioned
to do so in the coming months. California should be ready to
evaluate, and if necessary, conform to any new federal AV
policies. The author states that this bill will help ensure
that California can compete effectively for any federal funds
related to AVs, contribute to a more uniform nationwide
policy, and help California remain a technological leader.
2)DMV must conform to federal regulations, but federal policy is
optional. Existing state law provides that any federal
regulations promulgated by NHTSA shall supersede state
regulations where in conflict. Thus, if NHTSA publishes
regulations subsequent to DMV, DMV will have to amend the
state regulations to conform to the federal regulations - a
process which includes public hearings and public comment.
If, however, NHTSA simply publishes a model policy, it will be
up to individual states whether or not to adopt it.
3)DMV chairs the committee writing the model policy. The
American Association of Motor Vehicle Administrators (AAMVA)
has formed an Autonomous Vehicle Best Practices Committee,
chaired by DMV, to develop a best practices guide to assist
states in regulating AVs and driver testing. This committee,
which is funded by and includes representatives of NHTSA, is
working with AAMVA jurisdictions, law enforcement, federal
AB 2682 (Chang) Page 4 of ?
agencies, and other stakeholders as it develops its
recommendations. The committee plans to release a final
best-practices document to NHTSA this summer.
4)Status of DMV's AV regulations. DMV is currently working on
regulations for AV deployment, incorporating feedback it
received from the two public workshops earlier this year as
well as written comments from stakeholders. DMV indicates
that the proposed regulations will be available for public
comment as part of the formal rulemaking process before final
regulations are adopted. DMV indicates that it is working
very closely with AAMVA and NHTSA as it develops the
regulations and that NHTSA, as well as other states, are
looking to California as the leader on this issue.
Related Legislation:
AB 1592 (Bonilla) - authorizes the Contra Costa Transportation
Authority to conduct a pilot project for the testing of
autonomous vehicles under specified conditions. This bill is
pending hearing in the Senate Transportation and Housing
Committee.
AB 2866 (Gatto) - requires the DMV to adopt regulations for the
testing and operation of autonomous vehicles without a driver in
the vehicle and without a brake pedal, accelerator pedal, or
steering wheel. This bill is pending hearing in the Assembly
Appropriations Committee.
Assembly Votes:
Floor: 76-4
Apppr: 16-4
Trans: 16-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
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Wednesday, June 8, 2016.)
SUPPORT:
California Foundation for Independent Living Centers
Personal Insurance Federation of California
OPPOSITION:
None received
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